“The Constitutional Council has validated all of the articles proposed by the government,” said Gérald Darmanin, on TF1.
A somewhat approximate statement... On Thursday, the Wise Men censored 35 of the 86 articles of the Immigration bill.
Although this concerned almost exclusively provisions which did not appear in the initial text carried by the Minister of the Interior, the entire basic text of the government was nevertheless not preserved.
Thirty-two articles were rejected because they were considered “legislative cavaliers”.
Only three measures were found to be contrary to the Constitution in substance.
What remains of the Immigration bill?
Le Parisien takes stock.
Respect the “principles of the Republic” to obtain a residence permit
The Sages declared ten articles of the law partially or totally consistent with the Constitution.
Among them, the need to commit to respecting “the principles of the Republic” was validated, such as freedom of expression and conscience or equality between women and men, in order to obtain a residence permit.
Expansion of OQTFs
The Council also validates provisions at the heart of the government's initial bill, to facilitate expulsions and decisions requiring people to leave French territory (OQTF).
In particular, they undermine the protections enjoyed by certain categories of foreigners, such as those who arrived in France before the age of 13.
Refusal of ASE to certain foreigners targeted by an OQTF
Via a measure grafted by the right, the departments now have the possibility of refusing the child welfare service (ASE) to foreigners aged 18 to 21 targeted by an OQTF.
Creation of a file of foreign minors suspected of being delinquents
According to article 39, the collection of fingerprints and photographs of unaccompanied foreign minors, against whom there is “serious or consistent evidence” of an offense against criminal law, is now possible without their consent being necessary.
Extension of the duration of house arrest
The duration of the house arrest of foreigners subject to a removal order is increased from six months to one year by article 42. This will be renewable twice instead of once, raising the duration to three years. maximum period of the assignment.
Decision n°2023-863 DC of January 25, 2024,
Law to control immigration, improve integration
[Partial non-compliance - reservation]
➡️ https://t.co/ibwvVbwvay pic.twitter.com/jujq4cLSGB
— Constit Council (@Conseil_constit) January 25, 2024
Aside from the measures challenged and those deemed compliant, the Constitutional Council has not ruled on the rest of the law.
The Sages actually only examined 49 of the 86 articles.
Around fifty articles could therefore be part of the text which will be promulgated.
But nothing will prevent for around forty of them, possible unconstitutionality being controlled a posteriori, for example in the context of priority questions of constitutionality.
Regularization in professions in tension
The measure relating to the regularization of undocumented workers in so-called shortage occupations, as modified during parliamentary debates, could thus be part of the text.
The presidential majority had resigned itself to a more restrictive version than that of the initial bill, giving prefects discretionary power to regularize undocumented workers in so-called shortage occupations.
These workers can nevertheless request a residence permit without the approval of their employer.